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Executive orders in Indiana: What they are and how they're being used against coronavirus

Dwight Adams
Indianapolis Star

Gov. Eric Holcomb signed an executive order on March 6 announcing Indiana's first novel coronavirus case and declaring a public health emergency.

This year, a flurry of executive orders have been issued by Holcomb, including his stay-at-home order issued on March 23, which has been modified several times.

In a governmental system that relies on checks and balances, mainly the executive, legislative and judicial branches, the executive order is an outlier because it gives unique power and authority to a nation's or state's chief executive.

But what exactly is an executive order — and how do they work?

What is an executive order?

It's basically a directive handed down from a president or governor without input from the legislative or judicial branches. 

They carry the "force of law," meaning they have the same power as a bill passed by a legislative body and signed by a president or governor.

During the coronavirus emergency, Holcomb's executive orders have used the following language: "As governor, I have broad powers and authority under Indiana law to declare and respond to public health emergencies on behalf of our state." 

Such orders have been used in the past by Indiana governors to direct state agencies on how to respond to an emergency or natural disaster, to create new state boards and offices, to establish task forces to research key issues, to issue pardons or commute sentences of people convicted of crimes, and for other purposes.

Even though there is no clause in the U.S. Constitution that explicitly allows for executive orders, presidents also have issued them, often citing Article Two of the Constitution, saying it gives a president broad executive and enforcement authority to determine how to enforce the law or manage the executive branch of government. 

The Federal Register keeps databases of all presidential executive orders issued since 1994.

How many executive orders has Holcomb issued?

Holcomb has issued 22 executive orders this year, all but one of which has dealt with the COVID-19 disease. The lone exception was an executive order signed on Feb. 19 dealing with Lake Michigan shoreline relief.

Holcomb also issued nine executive orders in 2018 and three in 2019.

What have this year's orders mandated?

Here are the key executive orders Holcomb has issued related to the coronavirus:

  • Health emergency: This order signed on March 6, declared that a "public health emergency disaster" existed and directed the Indiana State Department of Health to coordinate the state's emergency response while following guidance from the federal Centers for Disease Control and Prevention.
  • Social distancing: In this order, signed on March 16, the governor placed limitations on large gatherings and implemented social distancing "to prevent initial exposure and secondary transmission to our most vulnerable populations." Initially, the order recommended no in-person events of more than 50 people, although he signed a later order lowering that number to 10 or less. The March 16th order also activated the Indiana National Guard to assist in the public health emergency.
  • Stay-at-home: This order, which Holcomb likes to call the "Hunker down Hoosiers" order, was signed on March 23 and took effect at 11:59 p.m. on March 24. It mandated that all citizens must remain at home for the time being unless they are working in essential businesses or are conducting essential activities. The order also mandated that all non-essential businesses and operations must close, although there has been some controversy regarding how some business owners have interpreted the order. This order has been extended twice — the latest extension until 11:59 p.m. on May 1 — but the governor is beginning to take steps to ease restrictions on some activities listed in the order, including non-emergency surgeries.  
  • School closures: This order, signed on April 2, closed all K-12 schools in Indiana by banning in-person instruction and mandating that schools provide remote learning for the remainder of the 2019-20 school year. It followed an earlier executive order from Holcomb on March 19 that had ordered all K-12 schools closed through May 1.

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Can executive orders be revoked or blocked?

Yes. The president or governor can rescind an order that he or she made as well as any executive order issued by a previous governor or president. 

Courts also can block executive orders and Congress has been known to occasionally pass legislation to nullify an executive order issued by a president.

